IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
SHRI VINAY JAISWAL – Appellant
Versus
MUNICIPAL CORPORATION CHIRMIRI – Respondent
WPC/5080/2024
2026:CGHC:21620-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 5080 of 2024 Shri Vinay Jaiswal S/o. Shri Jagdish Prasad Jaiswal Aged About 44 Years R/o. Village - Badsara, Bhaiyathan, District - Surajpur (C.G.) 497331.
... Petitioner(s)
versus
1 - Municipal Corporation Chirmiri Through - The Commissioner, Municipal Corporation, Chirmiri, Nagar Nigam Colony, Chirimiri, District - Manendragarh-Chirmiri-Bharatpur (C.G.) - 497773 2 - State Of Chhattisgarh Through - The Secretary, Urban Administration And Digitally Development Department, Mahanadi Bhawan, Mantralaya, Sector-19, Atal signed by JYOTI JHA D 20 a 2 te 6 : .05.12 Nagar-Naya Raipur (C.G.) - 492002.
10:54:45 +0530 ... Respondents _________________________________________________________
For Petitioner : Mr. Ankit Singhal, Advocate For Respondent No. 1 : Dr. Sudeep Agrawal, Advocate For State/Respondent No.2 : Mr. Praveen Durandhar, Addl. A.G.
For Intervener : Mr. Rajkumar Mishra, in person Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Ravindra Kumar Agrawal , Judge
Order on Board
Per Ramesh Sinha , Chief Justice
08 . 05 .202 6
1. Heard Mr. Ankit Singhal, learned counsel for the petitioner. Also heard Dr. Sudeep Agrawal, learned counsel appearing for respondent No. 1, Mr. Praveen Dhurandhar, appearing for the State/Respondent No. 2, Mr. Rajkumar Mishra, intervener in person.
2. The present writ petition has been filed by the petitioner with the following prayers:
“a That this Hon'ble Court may kindly be pleased to issue an appropriate writ, order or direction, quashing and setting aside the impugned letter dated 17.09.2024, whereby the representation of the Petitioner dated 04.09.2024 has been rejected by Respondent No. 1; and b. That this Hon'ble Court may kindly be pleased to issue an appropriate writ, order or direction, directing the Respondent No. 1 to forthwith release the admitted amount of Rs. 63,39,782/ due and payable to the Petitioner, in terms of the First Bill (Annexure P-
3 (Colly.)) issued by Respondent No. 1; and c. That this Hon'ble Court may kindly be pleased to issue an appropriate writ, order or direction, directing the Respondent No. 1 to forthwith release the admitted amount of Rs. 21,20,439/- due and payable to the Petitioner, in terms of the Second Bill (Annexure P-11 (Colly.)) issued by Respondent No. 1; and d. That, this Hon'ble Court may kindly be pleased to issue appropriate writ, order, or direction, directing the Respondent No. 1 to pay interest at the rate of 18% per annum on the amounts of Rs. 63,39,782/- and Rs. 21,20,439/- that are due and payable to the Petitioner, from the date of 27.07.2023 till the actual realisation of payment by Respondent No. 1, in light of the delay occasioned in releasing the payments, and the resultant damages suffered by the Petitioner; and e. That this Hon'ble Court may kindly be pleased to grant any other relief or order that this Hon'ble Court deems just and equitable in the circumstances of the case, in order to uphold the principles of justice and fairness.”
3. Brief facts of the case are that that the Petitioner is a contractor engaged in execution of civil and engineering construction works and pursuant to Tender No. 128747 dated 24.03.2023 floated by Respondent No. 1 for construction of “Dr. B.R. Ambedkar Sarva Samaj Mangalik Bhawan” at Dadu Lahiri Chowk, near Sonwani, Work Order dated 01.05.2023 was issued in his favour for a contract value of approximately Rs. 308.941/- lakhs. Thereafter, the Petitioner commenced the construction work and completed about 24% of the work, which was duly measured, verified and approved by the competent officials of Respondent No. 1 in Measurement Register No. 713/2023, pursuant to which the Petitioner became entitled to payment of the first running bill amounting to Rs. 63,39,782/-, which was also recommended for approval by the Executive Engineer vide memo dated 27.07.2023. While the Petitioner was continuing the work under the supervision and instructions of Respon
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